Missouri Revised Statutes

Chapter 260
Environmental Control
Section 260.1006

August 28, 2014

Holder of an environmental covenant--department bound by
covenant--rules for interests in real property.

260.1006. 1. Any person, including a person that owns an interest in the
real property, the department, or a municipality or other unit of local
government, may be a holder. An environmental covenant may identify more
than one holder. The interest of a holder is an interest in real property.

2. The rights of a department under sections 260.1000 to 260.1039 or
under an environmental covenant, other than a right as a holder, is not an
interest in real property.

3. A department is bound by any obligation it assumes in an environmental
covenant, but a department does not assume obligations merely by signing an
environmental covenant. Any other person that signs an environmental
covenant is bound by the obligations the person assumes in the covenant, but
signing the covenant does not change obligations, rights, or protections
granted or imposed under law other than sections 260.1000 to 260.1039 except
as provided in the covenant.

4. The following rules apply to interests in real property in existence
at the time an environmental covenant is created or amended:

(1) An interest that has priority under other law is not affected by an
environmental covenant unless the person that owns the interest subordinates
that interest to the covenant;

(2) Sections 260.1000 to 260.1039 do not require a person that owns a
prior interest to subordinate that interest to an environmental covenant or
to agree to be bound by the covenant;

(3) A subordination agreement may be contained in an environmental
covenant covering real property or in a separate record. If the environmental
covenant covers commonly owned property in a common interest community, the
record may be signed by any person authorized by the governing board of the
owners association;

(4) An agreement by a person to subordinate a prior interest to an
environmental covenant affects the priority of that person's interest but
shall not by itself impose any affirmative obligation on the person with
respect to the environmental covenant.